Residential Care Subsidy Principles 1997 (Cth)
Residential Care Subsidy Principles 1997
as amended
made under subsection 96‑1 of the
Aged Care Act 1997
Compilation start date: 29 January 2014
Includes amendments up to: Residential Care Subsidy Amendment (Transitional Workforce Supplement) Principle 2014
About this compilation
This compilation
This is a compilation of the Residential Care Subsidy Principles 1997 as in force on 29 January 2014. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 29 January 2014.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
21.1....................... Citation.......................................................................................................... 1
21.2....................... Commencement............................................................................................. 1
21.3....................... Definitions.................................................................................................... 1
Part 1AA—Leave from residential care services 3
21.3AA................. Purpose of Part (Act, s 42‑2)........................................................................ 3
21.3AB.................. Requirement—leave under subsection 42‑2(3A).......................................... 3
Part 1A—Determinations allowing for exceptional circumstances 4
21.3A.................... Purpose of Part (Act, s 42‑5)........................................................................ 4
21.3B..................... Application for determination........................................................................ 4
21.3C..................... Matters to be taken into account.................................................................... 5
Part 2—Capital repayment deductions 6
21.4....................... Purpose of Part (Act, s 43‑6)........................................................................ 6
21.5....................... Working out the proportion........................................................................... 6
21.5A.................... Meaning of capital payment.......................................................................... 6
Part 3—Non‑compliance deductions 7
21.6....................... Purpose of Part (Act, s 43‑8)........................................................................ 7
21.7....................... Meaning of care day deficit........................................................................... 7
21.8....................... Circumstances............................................................................................... 7
21.9....................... Working out of amount of deductions........................................................... 8
Part 4—Basic subsidy amount 9
21.10..................... Purpose of Part (Act, s 44‑3)........................................................................ 9
21.11..................... Other matters................................................................................................. 9
Part 4A—Accommodation supplement 10
21.11A.................. Purpose of Part (Act s 44‑5A).................................................................... 10
21.11B................... Matters........................................................................................................ 10
Part 5—Concessional resident supplement 11
21.12..................... Purpose of Part (Act, s 44‑6)...................................................................... 11
21.13..................... Matter.......................................................................................................... 11
Part 5A—Charge exempt resident supplement 12
21.13A.................. Purpose of Part (Act, s 44‑8A)................................................................... 12
21.13B................... Matters for determining supplement............................................................ 12
21.13C................... Circumstances in which supplement is not payable to provider.................. 12
21.13D.................. Persons to whom supplement may be paid................................................. 13
Part 6—Value of assets 14
21.14..................... Purpose of Part (Act, s 44‑10).................................................................... 14
21.15..................... Assets......................................................................................................... 14
21.15A.................. Time for assessing assets (Act para 44‑5B(1)(c))....................................... 15
Part 7—The respite supplement 16
21.16..................... Purpose of Part (Act, s 44‑12).................................................................... 16
21.17..................... Requirements.............................................................................................. 16
21.18..................... Maximum number of days.......................................................................... 16
21.19..................... Other matters............................................................................................... 16
Part 8—The oxygen supplement 17
21.20..................... Purpose of Part (Act, s 44‑13).................................................................... 17
21.21..................... The circumstances....................................................................................... 17
Part 9—The enteral feeding supplement 18
21.22..................... Purpose of Part (Act, s 44‑14).................................................................... 18
21.23..................... The circumstances....................................................................................... 18
Part 10—Additional primary supplements 19
Division 1—General 19
21.24..................... Purpose of Part (Act, s 44‑16).................................................................... 19
Division 2—Payroll tax supplement 20
21.25..................... Payroll tax supplement applies to care recipient.......................................... 20
21.25A.................. Conditions for non‑registered entities......................................................... 20
21.25B................... Definition of non‑registered entity and registered entity............................. 21
Division 3—Transitional supplements 22
21.25C................... Transitional supplement.............................................................................. 22
21.25D.................. Accommodation charge top‑up supplement................................................ 22
21.25E................... Transitional accommodation supplement..................................................... 23
Division 3A—Basic Daily Fee supplement 24
21.25F................... Basic daily fee supplement.......................................................................... 24
Division 4—Conditional adjustment payment (CAP) 25
21.26A.................. Application of Division 4............................................................................ 25
21.26B................... Definitions for Division 4........................................................................... 25
21.26C................... Requirements for notices............................................................................. 27
21.26D.................. Application of CAP.................................................................................... 27
21.26E................... Staff training............................................................................................... 27
21.26F................... Financial reports.......................................................................................... 28
21.26G.................. Aged care workforce census....................................................................... 30
21.26H.................. Review of decision...................................................................................... 30
Division 5—Transitional workforce supplement 31
21.26J.................... Purpose of Division.................................................................................... 31
21.26JA................. Circumstances in which the transitional workforce supplement applies...... 31
21.26JB................. Circumstances in which the transitional workforce supplement ceases to apply 31
21.26JC................. Reviewable decision.................................................................................... 32
21.26JD................. Amount of the transitional workforce supplement...................................... 32
Division 6—Dementia and severe behaviours supplement 33
21.26K................... Purpose of Division.................................................................................... 33
21.26KA................ Circumstances in which the dementia and severe behaviours supplement applies 33
Part 11—Compensation payment reduction 35
21.27..................... Purpose of Part (Act, s 44‑20).................................................................... 35
21.28..................... The matters.................................................................................................. 35
Part 12—Daily income tested reduction 36
21.29..................... Purpose of Part (Act, s 44‑22).................................................................... 36
21.29A.................. The matters.................................................................................................. 36
21.30..................... Classes affected........................................................................................... 37
Part 13—Ordinary income determination exclusions 38
21.31..................... Purpose of Part (Act, s 44‑24).................................................................... 38
21.32..................... Exclusions from determinations.................................................................. 38
21.32A.................. Exclusion from determinations—gifts......................................................... 38
21.32B................... Exclusion from determinations—rent receipts............................................. 39
21.32C................... Exclusion from determination—GST compensation................................... 39
21.32D.................. Exclusion from determination—pre‑2008 reform residents........................ 40
21.32E................... Exclusion from determination—clean energy payments.............................. 41
Part 13A—Other supplements 42
Division 1—General 42
21.32F................... Purpose of Part (Act, s 44‑27).................................................................... 42
Division 2—Veterans’ supplement 43
21.32G.................. Veterans’ supplement.................................................................................. 43
Division 3—Homeless supplement 45
21.32H.................. Homeless supplement................................................................................. 45
Part 14—Viability supplement 46
21.33..................... Purpose of Part (Act, s 44‑29).................................................................... 46
21.34..................... Definitions for Part 14................................................................................ 46
21.35..................... Other matters to which the Secretary must have regard............................... 46
21.35A.................. 1997 scheme services.................................................................................. 46
21.35B................... 2001 scheme services.................................................................................. 47
Section 21.35C...... 2005 scheme services.................................................................................. 49
Part 15—Financial hardship 52
Division 1—Classes of people eligible for hardship supplement 52
21.36..................... Purpose of Division (Act, s 44‑30)............................................................. 52
21.37..................... Eligible classes............................................................................................ 52
Division 2—Determining individual cases of financial hardship 54
21.38..................... Purpose of Division (Act, s 44‑31)............................................................. 54
21.39..................... The matters.................................................................................................. 54
Schedule 1—Building requirements 56
1.1......................... Definitions.................................................................................................. 56
1.2......................... Fire and safety requirements....................................................................... 56
1.3......................... Privacy and space requirements—pre‑end‑July 1999 buildings.................. 57
1.4......................... Privacy and space requirements—post‑end‑July 1999 buildings................ 57
Schedule 2—Appraisal procedures for targeting care for homeless people or people from Aboriginal and Torres Strait Islander communities 59
1.1......................... Appraisal procedures.................................................................................. 59
1.2......................... Time for completion of appraisal procedures.............................................. 59
1.3......................... Appraisal tools............................................................................................ 60
Endnotes64
Endnote 1—About the endnotes 64
Endnote 2—Abbreviation key 65
Endnote 3—Legislation history 66
Endnote 4—Amendment history 70
Endnote 5—Uncommenced amendments [none] 75
Endnote 6—Modifications [none] 75
Endnote 7—Misdescribed amendments 76
Residential Care Subsidy Amendment (Transitional Workforce Supplement) Principle 2014... 76
Endnote 8—Miscellaneous [none] 77
Note: Part 3.1 of the Aged Care Act 1997
Part 3.1 of the Aged Care Act 1997 is about residential care subsidy. The residential care subsidy is a payment by the Commonwealth to approved providers for providing residential care to care recipients.
The Residential Care Subsidy Principles deal with eligibility for the subsidy, how it is paid and what amount is paid.
Part 1—Preliminary
21.1 Citation
These Principles may be cited as the Residential Care Subsidy Principles 1997.
21.2 Commencement
These Principles commence on 1 October 1997.
21.3 Definitions
(1) In these Principles:
ACFI classification means a classification, or renewal of a classification, of a care recipient under the Act and the Classification Principles 1997 as in force on or after the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.
Act means the Aged Care Act 1997.
approved care recipient means a person in respect of whom an approval under subsection 22‑1(2) of the Act is in force.
care day deficit, for Part 3, has the meaning given by section 21.8.
illness‑separated‑rate social security pension, for Part 11, means a pension under the Social Security Act 1991 that is payable in the circumstances mentioned in:
(a) column 2 of item 3 in table B in point 1064‑B1 of that Act; or
(b) column 2 of item 3 in table B in point 1065‑B12 of that Act.
new resident has meaning given by section 21.11B.
Quality Agency means the Australian Aged Care Quality Agency.
RCS classification means a classification, or renewal of a classification, of a care recipient under the Act and the Classification Principles 1997 as in force immediately before the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.
single‑rate social security pension, for Part 11, means a pension under the Social Security Act 1991 that is payable in the circumstances:
(a) mentioned in column 2 of item 1 in table B in point 1064‑B1 of that Act; or
(b) mentioned in column 2 of item 1 in table B in point 1065‑B12 of that Act; or
(c) to which the rate at point 1066‑B1 of that Act is applicable.
transition care has the meaning given by section 15.28 of the Flexible Care Subsidy Principles 1997.
(2) For paragraph 44‑7(1)(b) of the Act, homeowner does not include a person if the value of the person’s interest in the home does not exceed:
(a) if a determination covered by subsection 44‑7(1B) of the Act for the person specifies a time after 19 September 2009—2.25 times the basic age pension amount at that time; or
(b) if the applicable time under section 44‑7(2) of the Act for a determination covered by subsection 44‑7(1C) of the Act for the person is after 19 September 2009—2.25 times the basic age pension amount at the applicable time; or
(c) in any other case—2.5 times the basic age pension amount at the applicable time.
(3) For paragraph 44‑8(1)(b) of the Act, homeowner does not include a person if the value of the person’s interest in the home does not exceed:
(a) if a determination covered by subsection 44‑8(1B) of the Act for the person specifies a time after 19 September 2009—3.61 times the basic age pension at that time; or
(b) if the applicable time under subsection 44‑8(2) of the Act for a determination covered by subsection 44‑8(1C) of the Act for the person is after 19 September 2009—3.61 times the basic age pension amount at the applicable time; or
(c) in any other case—4 times the basic age pension amount at the applicable time.
Note 1: Applicable time is defined in subs 44‑7(2) and 44‑8(2) of the Act.
Note: A number of expressions used in these Principles are defined in the Act, including the following:
(a) accreditation requirement;
(b) basic age pension amount;
(c) dependent child;
(d) lowest applicable classification level.
Part 1AA—Leave from residential care services
21.3AA Purpose of Part (Act, s 42‑2)
This Part specifies requirements for the purposes of paragraph 42‑2(3A)(b) of the Act.
Note: Subsection 42‑2(3A) of the Act provides that a care recipient is on leave under section 42‑2 from a residential care service on a day if flexible care subsidy is payable in respect of the care recipient and the day, and the requirements specified in these Principles for the purposes of paragraph 42‑2(3A)(b) are met.
21.3AB Requirement—leave under subsection 42‑2(3A)
For paragraph 42‑2(3A)(b) of the Act, it is a requirement that the flexible care subsidy payable in respect of the care recipient and the day mentioned in paragraph 42‑2(3A)(a) is payable to an approved provider who provides flexible care in the form of transition care to the care recipient on the day.
Part 1A—Determinations allowing for exceptional circumstances
21.3A Purpose of Part (Act, s 42‑5)
This Part makes provision in relation to the application for, and making of, a determination under subsection 42‑5(1) of the Act that a residential care service is taken, for the purposes of Division 42 of the Act, to meet its accreditation requirement.
21.3B Application for determination
(1) In this section:
accreditation application means an application to the Quality Agency, under subsection 2.2(2) of the Quality Agency Principles 2013, by the approved provider of a residential care service for re‑accreditation of the service.
exceptional circumstances determination application means an application to the Secretary by the approved provider of a residential care service for a determination under subsection 42‑5(1) of the Act that the service is taken, for the purposes of Division 42 of the Act, to meet its accreditation requirement.
(2) For section 42‑5 of the Act, the Secretary may give a written request to the Quality Agency for the following information about a residential care service:
(a) whether an accreditation application by the approved provider of the service has been received by the Quality Agency; and
(b) if so, information about the status of the accreditation application.
(3) If the Quality Agency receives a request for information under subsection (2), the Quality Agency must give a written response to the Secretary as soon as practicable.
(4) If the response states that the approved provider has made an accreditation application in relation to the residential care service, and that a decision has been made not to accredit the service, or that no decision has been made on the application:
(a) the accreditation application is taken to include an exceptional circumstances determination application in relation to the service; and
(b) the date on which the response was received by the Secretary is taken to be the date on which the exceptional circumstances determination application was received by the Secretary.
(5) Subsection (4) applies whether or not the accreditation application complies with subsection 2.3(1) of the Quality Agency Principles 2013.
(6) Nothing in this section prevents an approved provider of a residential care service from making an exceptional circumstances determination application to the Secretary in relation to the service.
21.3C Matters to be taken into account
(1) In deciding whether to make a determination under subsection 42‑5(1) of the Act in relation to a residential care service, the Secretary must take into account the following matters:
(a) the reasons for the residential care service not meeting the standards required for accreditation;
(b) the action that the approved provider conducting the residential care service must take for the service to meet those standards;
(c) the impact of the residential care service not meeting those standards on the residential care, accommodation and other services provided through the service to care recipients.
(2) The Secretary may also take into account any other relevant matter.
Part 2—Capital repayment deductions
21.4 Purpose of Part (Act, s 43‑6)
(1) In the circumstances mentioned in subsection 43‑6(3) of the Act only a proportion of the amounts equal to the capital payments made for a residential care service are to be deducted under an agreement entered into under section 43‑6 of the Act.
(2) This Part specifies the way in which the proportion is to be worked out.
(3) This Part also specifies kinds of payment that are capital payments.
21.5 Working out the proportion
(1) For a service, or distinct part of a service, for which extra service status has been granted, the proportion is:
where:
P is:
(a) for a capital payment for which the first capital repayment deduction is to be made within 5 years after approval of the capital payment—100%; or
(b) for a capital payment for which the first capital repayment deduction is to be made more than 5 years after approval of the capital payment—100% reduced by 10% for each complete year over 5 years.
ESP is the proportion of places in the service, not counting provisional places, that have extra service status when the first capital repayment deduction is to be made.
(2) For subsection (1), a period of at least 6 months and less than 1 year is counted as a complete year.
21.5A Meaning of capital payment
For the purposes of section 43‑6 of the Act, each of the following kinds of payment is a capital payment:
(a) financial assistance by way of a grant under Part II, or Division 3 of Part III, of the Aged or Disabled Persons Care Act 1954;
(b) a grant of a Commonwealth benefit under Part VAB or VAC of the National Health Act 1953;
(c) a grant under the Aged or Disabled Persons Hostels Act 1972;
(d) a grant approved on or after 1 July 1989 under the program known as the Residential Aged Care Upgrading Program;
(e) capital funding approved on or after 1 July 1989 under the program known as the Small Homes Capital Funding Initiative.
Part 3—Non‑compliance deductions
21.6 Purpose of Part (Act, s 43‑8)
This Part specifies, for the proportion of care to be provided to supported, concessional and assisted residents to whom residential care is provided, the circumstances in which non‑compliance deductions do not apply, and the way in which the amount of a non‑compliance deduction is worked out.
21.7 Meaning of care day deficit
A care day deficit, for a residential care service for a quarter, is the number worked out by:
(a) multiplying the specified proportion concerned by the total number of care days in the quarter of care recipients who:
(i) are receiving care on a permanent basis; and
(ii) are not occupying a place with extra service status; and
(iii) entered the service after 30 September 1997; and
(b) subtracting the total number of supported, concessional and assisted resident care days in the quarter of care recipients of that kind who entered the service after 30 September 1997.
21.8 Circumstances
(1) If a condition determined under section 14‑5 or 14‑6 of the Act requires a residential care service to provide at least a specified proportion of its care days to supported, concessional and assisted residents, this Part applies to the specified proportion.
(2) Non‑compliance deductions do not apply:
(a) if a residential care service has less than 6 care recipients who entered the service after 30 September 1997; or
(b) for a residential care service that has places with extra service status—if less than 6 care recipients, receiving care on a permanent basis and not occupying those places, entered the service after 30 September 1997; or
(c) if the care day deficit is less than 92.
(3) Non‑compliance deductions do not apply for the number of quarters that is the lesser of 4 and:
(rounded up to the nearest whole number) if:
(i) the number of allocated places in a residential care service increases because of the transfer of places from another residential care service and some or all of the additional places are occupied by care recipients from the other residential care service; and
(ii) the service receiving the additional places was not subject to a non‑compliance deduction for the quarter before the transfer.
(4) Non‑compliance deductions do not apply for a quarter if:
(a) a particular place remains empty for the quarter; and
(b) the care day deficit would have been less than 92 if the place had been occupied by a supported, concessional or assisted resident.
21.9 Working out of amount of deductions
(1)The non‑compliance deduction, for a residential care service for a quarter, is the amount worked out using the following formula:
;
where:
A is the care day deficit for the service for the quarter.
B is the total of the basic subsidy amounts, worked out under Subdivision 44‑B of the Act, for each day of residential care provided by the service in the quarter for each care recipient.
C is the total of the reductions worked out by applying the income test under Subdivision 44‑E of the Act, for each day of residential care provided by the service in the quarter for each care recipient.
D is the total of the number of days of residential care provided by the service in the quarter for each care recipient.
(2) If C is greater than B, the non‑compliance deduction is zero.
Part 4—Basic subsidy amount
21.10 Purpose of Part (Act, s 44‑3)
This Part specifies other matters on which the Minister’s determination of different amounts of the basic subsidy amount may be based.
21.11 Other matters
(1) A determination by the Minister of different amounts may be based on any one or more of the following:
(a) whether the residential care service provides a greater proportion of care to recipients of respite care than that (if any) specified in the conditions attached to the allocation of places to the approved provider of the residential care service;
(b) the time when a care recipient entered a residential care service;
(c) whether, on a particular day, the number of days on which the care recipient had previously been provided with residential care as respite care during the financial year in which the day occurs equals or exceeds the number of days specified in section 21.18 for paragraph 44‑12(2)(c) of the Act;
(d) for a care recipient the appraisal, or reappraisal, of whom is received by the Secretary outside the appraisal period or reappraisal period—the circumstances of the late receipt by the Secretary.
(2) Paragraph (1)(d) has effect in relation only to:
(a) an appraisal period that begins on or after 1 September 2003; and
(b) a reappraisal period that ends on or after 1 October 2003 (that is, the reappraisal period for a classification whose expiry date is 1 September 2003 or later).
(3) For this section:
appraisal period means the period mentioned in paragraph 26‑1(a) or (b) of the Act, as applicable.
reappraisal period means:
(a) for an RCS classification—the period mentioned in paragraph 28‑3 (1)(a) or (b) or 28‑3(2)(c) or (d) of the Act, as in force immediately before the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007, whichever is applicable; and
(b) for an ACFI classification—the reappraisal period for the classification under section 27‑2 of the Act, as in force on or after the commencement of Schedule 1 to the Aged Care Amendment (Residential Care) Act 2007.
Part 4A—Accommodation supplement
21.11A Purpose of Part (Act s 44‑5A)
This Part specifies the matters on which the Minister’s determination of different amounts, or methods of working out, the accommodation supplement may be based.
21.11B Matters
(1) For paragraph 44‑5A(4)(b) of the Act, the matters, for a residential care service (the service), are whether, on a particular day, the service:
(a) provides residential care (other than respite care) to the specified mix of residents; and
(b) meets the building requirements.
(2) A service is taken not to meet the building requirements if a building forming part of the service does not meet the building requirements for a building of that kind.
(3) In this section:
building requirements means the requirements mentioned in Schedule 1.
new resident means a care recipient who is not receiving care on an extra service basis and enters a service after:
(a) if the service was certified on 1 October 1997—30 September 1997; or
(b) if the service is certified after 1 October 1997—the date the service is certified.
post‑end‑July 1999 building has the same meaning as in Schedule 1.
pre‑end‑July 1999 building has the same meaning as in Schedule 1.
specified mix for residents receiving residential care from a service means:
(a) more than 40% of the residents to whom the service provides residential care (other than respite care), who are both post‑2008 reform residents and new residents, are supported residents; or
(b) more than 40% of the new residents to whom the service provides residential care (other than respite care) are supported, concessional or assisted residents.
Part 5—Concessional resident supplement
21.12 Purpose of Part (Act, s 44‑6)
This Part specifies a matter on which the Minister’s determination of different amounts of concessional resident supplement must be based.
21.13 Matter
(1) The matter is whether, on a particular day, more than 40% of the new residents to whom a residential care service provides residential care, other than respite care, are supported, concessional or assisted residents.
(2) In this section:
new resident has the meaning given by section 21.11B.
Part 5A—Charge exempt resident supplement
21.13A Purpose of Part (Act, s 44‑8A)
(1) This Part specifies matters, for paragraph 44‑8A(4)(c) of the Act, on the basis of which the Minister may determine different amounts (including nil amounts) of the charge exempt resident supplement for a particular day.
(2) This Part also specifies circumstances in which, for subsection 44‑8A(5) of the Act, the charge exempt resident supplement is not payable to a provider.
(3) This Part also specifies persons, for subsection 44‑8A(6) of the Act, to whom the Secretary must pay charge exempt resident supplement in certain circumstances.
21.13B Matters for determining supplement
(1) This section applies to pre‑2008 reform residents.
(2) For paragraph 44‑8A(4)(c) of the Act, the following matters are specified:
(a) the amount by which the maximum rate of concessional resident supplement is greater than $12.17;
(b) if the care recipient has paid an accommodation charge as an assisted resident—the amount of the difference between the charge exempt resident supplement and the rate of concessional resident supplement paid to the provider.
21.13C Circumstances in which supplement is not payable to provider
(1) For the purposes of subsection 44‑8A(5) of the Act, the following circumstances are specified:
(a) the provider:
(i) uses its best endeavours to find the care recipient or, if the care recipient is deceased, the care recipient’s legal representative or another person specified in these Principles for paragraph 44‑8A(6)(a) of the Act; and
(ii) cannot find a person mentioned in subparagraph (i);
(b) the Secretary imposes a sanction, under section 66‑1 of the Act, on the provider;
(c) the Secretary is to refund the amount to the care recipient, or to another person specified in these Principles for paragraph 44‑8A (6)(a) of the Act.
(2) If the Secretary makes a determination under subsection 44‑8A(5) of the Act, in a circumstance specified in subsection (1), the Secretary must give written notice of the determination to the provider.
21.13D Persons to whom supplement may be paid
For the purposes of paragraph 44‑8A(6)(a) of the Act, the following persons are specified:
(a) an executor of the care recipient’s estate;
(b) a person appointed by a state or territory guardianship board (however described) to deal with the care recipient’s estate;
(c) an authorised nominee of the care recipient;
(d) a person who holds an enduring power of attorney for the care recipient.
Part 6—Value of assets
21.14 Purpose of Part (Act, s 44‑10)
(1) This Part is about how the value of a person’s assets is to be worked out for sections 44‑5B (supported residents), 44‑7 (concessional residents) and 44‑8 (assisted residents) of the Act, and when those assets should be valued for section 44‑5B of the Act.
(2) The value of the person’s assets is also used to work out:
(a) the maximum amount of an accommodation bond under section 57‑12 of the Act (see subsections 57‑12(4) and (5) of the Act); and
(b) the maximum daily accrual amount of an accommodation charge under section 57A‑6 of the Act (see subsections 57A‑6(3) and (4) of the Act).
21.15 Assets
(1) This section is subject to subsections 44‑10(2), (3) and (4) of the Act.
(2) The value of a person’s assets is the net value of all of the person’s property, including property outside Australia.
(3) Property includes, but is not limited to:
(a) accounts, including interest‑free accounts, with:
(i) banks;
(ii) building societies;
(iii) credit unions;
(b) interest‑bearing deposits;
(c) fixed deposits;
(d) bonds;
(e) debentures;
(f) shares;
(g) investments in:
(i) property trusts;
(ii) friendly societies;
(iii) equity trusts;
(iv) mortgage trusts;
(v) bond trusts;
(h) superannuation assets from which lump sum amounts can be withdrawn;
(i) real estate;
(j) businesses;
(k) farms;
(l) loans, including interest‑free loans;
(m) motor vehicles, boats and caravans;
(n) surrender value of life insurance policies;
(o) investment collections, including investment collections of coins or stamps;
(p) household contents and personal effects.
(4) The net value of property is its gross value less debts, charges and encumbrances on the property.
(5) The value of household contents and personal effects is taken to be $5,000 if there is no evidence of another value.
(6) The value of a person’s assets is reduced by any compensation payment received by the person under:
(a) the Compensation (Japanese Internment) Act 2001; or
(b) the Veterans’ Entitlements (Compensation—Japanese Internment) Regulations 2001; or
(c) Part 2 of the Veterans’ Entitlements (Clarke Review) Act 2004; or
(d) Schedule 5 to the Social Security and Veterans’ Affairs Legislation Amendment (One‑off Payments and Other 2007 Budget Measures) Act 2007.
21.15A Time for assessing assets (Act para 44‑5B(1)(c))
(1) For paragraph 44‑5B(1)(c) of the Act, the other time is:
(a) the first time, after 19 March 2008, that the person enters a residential care service without having had a break in residential care of more than 28 days; or
(b) if the person enters another residential care service and a determination of the person’s assets, made under section 44‑8AB of the Act because of that entry, is less than the valuation of the person’s assets at time mentioned in paragraph (a)—the time mentioned in the determination.
(2) In this section:
break in residential care has the same meaning as in subsection 44‑5D(2) of the Act.
Part 7—The respite supplement
21.16 Purpose of Part (Act, s 44‑12)
This Part specifies:
(a) requirements that must be met by residential care provided through a residential care service for a care recipient to be eligible for a respite supplement on a particular day; and
(b) a maximum number of days on which a care recipient may have previously been provided with residential care as respite care during the financial year in which the day happened; and
(c) other matters on which the Minister’s determination of different amounts may be based.
21.17 Requirements
The care must be provided through a residential care service to a care recipient who has been approved as a recipient of respite care.
21.18 Maximum number of days
(1) For paragraph 44‑12(2)(c) of the Act, 63 days is specified.
(2) However, the Secretary may increase the number of days by 21 if the Secretary considers that it is necessary because of any of the following:
(a) carer stress;
(b) severity of the care recipient’s condition;
(c) absence of the carer.
(3) But the Secretary may not increase the number of days if the extension of time would begin after the care recipient’s approval as a care recipient had lapsed under section 23‑3 of the Act.
(4) The Secretary may also take into account any other relevant matter in making a decision under subsection (2).
(5) An increase under subsection (2) may be made more than once.
21.19 Other matters
A determination by the Minister of different amounts may be based on:
(a) whether the residential care service provides a greater or lesser proportion of care to recipients of respite care than that (if any) specified in the conditions attached to the allocation of places to the approved provider of the residential care service; or
(b) the time when a care recipient entered a residential care service.
Part 8—The oxygen supplement
21.20 Purpose of Part (Act, s 44‑13)
This Part specifies the circumstances in which the oxygen supplement may be payable.
21.21 The circumstances
(1) The materials and equipment used by the residential care service to administer oxygen to the care recipient must be:
(a) hired or temporarily obtained; or
(b) owned by the residential care service.
(2) Administration of oxygen must not be:
(a) because of a medical emergency; or
(b) on a short‑term or episodic basis.
(3) A medical practitioner must certify in writing that the care recipient has a continual need for the administration of oxygen.
(4) Oxygen must be administered in the most economical way available, taking into account the medical needs of the care recipient.
Part 9—The enteral feeding supplement
21.22 Purpose of Part (Act, s 44‑14)
This Part specifies the circumstances in which the enteral feeding supplement may be payable.
21.23 The circumstances
(1) A medical practitioner must certify in writing that the care recipient has a medical need for enteral feeding.
(2) The care recipient must be given a liquid dietary formula administered by a nasogastric, gastrostomy or jejeunostomy feeding method.
(3) A medical practitioner or dietitian must certify in writing that the dietary formula is a nutritionally complete formula.
(4) The supplement is not payable for intermittent or supplementary enteral feeding that is given in addition to oral feeding.
(5) The enteral feeding must be administered in the most economical way available, taking into account the medical needs of the care recipient.
(6) In this section:
dietary formula does not include food supplements or any supplementary feeding connected with the administration of the dietary formula.
Part 10—Additional primary supplements
Division 1—General
21.24 Purpose of Part (Act, s 44‑16)
This Part provides for additional primary supplements and specifies the circumstances in which they will apply to a care recipient in respect of a payment period.
Division 2—Payroll tax supplement
21.25 Payroll tax supplement applies to care recipient
(1) Payroll tax supplement will apply to a care recipient in respect of a payment period if:
(a) the care recipient is receiving residential care (including residential care received as respite care) from a residential care service operated by an approved provider described in subsection (3); and
(b) for a care recipient receiving residential care other than as respite care, the care recipient’s classification is not:
(i) for a care recipient with an RCS classification—classification level 8; or
(ii) for a care recipient with an ACFI classification—the lowest applicable classification level.
(3) The approved provider must satisfy the Secretary that:
(a) the approved provider is:
(i) a registered entity; or
(ii) a non‑registered entity; and
(b) the approved provider incurred a payroll tax liability in respect of the payment period, in accordance with subsection (4) or (5).
(4) An approved provider that is a registered entity must satisfy the Secretary that it incurred a payroll tax liability, in respect of the payment period, that is payable to the State or Territory revenue office (however described) with which it is registered for the purposes of paying payroll tax.
(5) An approved provider that is a non‑registered entity must satisfy the Secretary that:
(a) it received, from a registered entity, an invoice including a cost breakdown showing, for the services provided, a salary and wages component and a payroll tax component; and
(b) it has incurred a liability to pay the amount of the payroll tax component to the registered entity; and
(c) in relation to the payment period, it complied with the conditions described in section 21.25A.
(6) The supplement is payable daily in respect of a care recipient.
Note: The amount of payroll tax supplement payable for a care recipient, for each day that care is received, is worked out by following the steps set out in the Aged Care (Payroll Tax Supplement) Determination 2001. See also subsection 44‑16(3) of the Act.
21.25A Conditions for non‑registered entities
If an approved provider is a non‑registered entity, it must, at the end of each payment period, tell the Secretary:
(a) of any variation, in relation to the previous payment period, in its liability for payroll tax; and
(b) if so, to what extent its liability for payroll tax is affected by the change.
21.25B Definition of non‑registered entity and registered entity
For subsections 21.25 and 21.25A:
non‑registered entity means an entity that, despite not being a registered entity, has incurred a liability to pay payroll tax to a registered entity in relation to services provided to care recipients for the purposes of a residential care service.
Example: An approved provider will be more likely to be a non‑registered entity if it is operated by a charitable, religious or government provider.
registered entity means an entity that is registered with a revenue office (however described) of a State or Territory for the purposes of paying payroll tax in accordance with the laws of that State or Territory.
Example: An approved provider will be more likely to be a registered entity if it is operated on a ‘for profit’ basis.
Division 3—Transitional supplements
21.25C Transitional supplement
(1) This section does not apply to post‑2008 reform residents.
(2) An aged care service is eligible for the transitional supplement for each day in the payment period when residential care (other than respite care) is provided to:
(a) a care recipient who, after 30 September 1997, entered a residential care service that was not certified on the day the care recipient entered the service; or
(b) a person who:
(i) on 30 September 1997 occupied a hostel place or a nursing home bed; and
(ii) after that date continued to receive residential care from the service; and
(iii) has been classified under Part 2.4 of the Act.
(3) In this section:
hostel place means a hostel place within the meaning of the Aged or Disabled Persons Care Act 1954, as in force on 30 September 1997.
nursing home bed means a nursing home bed in a nursing home approved under section 40AA of the National Health Act 1953 as in force on 30 September 1997.
Note: Subsection 44‑16(3) of the Act provides for the Minister to determine the amount of the supplement or the way in which the amount of the supplement is to be worked out.
21.25D Accommodation charge top‑up supplement
A certified residential care service (the service) operated by an approved provider is eligible for the accommodation charge top‑up supplement for each day in the payment period when residential care is provided to a person (the resident) if:
(a) the resident:
(i) is a post‑2008 reform resident; and
(ii) receives an income support payment; and
(iii) is eligible to pay an accommodation charge; and
(b) the accommodation charge the resident was eligible to pay on entry to the residential care service is less than the accommodation charge the resident would have been eligible to pay had the resident not been receiving income support payment.
Note: Subsection 44‑16(3) of the Act provides for the Minister to determine the amount of the supplement or the way in which the amount of the supplement is to be worked out.
21.25E Transitional accommodation supplement
(1) A certified residential care service operated by an approved provider is eligible for the transitional accommodation supplement for each day in the payment period when residential care is provided to a person (the resident) if the resident:
(a) is a post‑2008 reform resident; and
(b) entered residential aged care after 19 March 2008 and before 20 September 2011; and
(c) is eligible to pay an accommodation bond.
(2) For paragraph (1)(b), a person who first entered residential aged care before 20 September 2011 (the relevant date), is taken not to have entered after the relevant date only because the person moves from one aged care home to another within 28 days after the relevant date.
Note: Subsection 44‑16(3) of the Act provides for the Minister to determine the amount of the supplement or the way in which the amount of the supplement is to be worked out.
Division 3A—Basic Daily Fee supplement
21.25F Basic daily fee supplement
(1) An approved provider is eligible for the basic daily fee supplement for a particular day in a payment period that commences on or after 1 July 2012 if:
(a) residential care (other than respite care) is provided to an eligible care recipient on that day; and
(b) the approved provider complies with subsection (3) in respect of that day.
(2) For subsection (1):
eligible care recipient means a care recipient:
(a) who was not in receipt of one or more of the following clean energy qualifying payments listed in subsection 914(4) of the Social Security Act 1991 on 1 July 2012:
(i) age pension;
(ii) seniors supplement; and
(b) who was not in receipt of one or more of the following clean energy underlying payments listed in subsection 5Q(1) of the Veterans’ Entitlements Act 1986 on 1 July 2012:
(i) service pension;
(ii) seniors supplement; and
(c) who was not the holder of a seniors health card on 1 July 2012; and
(d) in respect of whom the approved provider received subsidy under Chapter 3 of the Act for providing residential care on 1 July 2012;
(e) in respect of whom the approved provider has continued to receive subsidy under Chapter 3 of the Act for providing residential care for each day since 1 July 2012.
(3) The approved provider complies with this subsection if the approved provider charges the eligible care recipient no more than the maximum daily amount of resident fees permitted under Division 58 of the Act minus an amount obtained by rounding down to the nearest cent an amount equal to 1% of the basic age pension amount (worked out on a per day basis).
Note: Under paragraph 56‑1(m) of the Act and section 23.14A of the User Rights Principles the approved provider has a responsibility to give an eligible care recipient, or his or her representative, information about the effect of this section on the amount of resident fees an eligible care recipient can be required to pay.
Division 4—Conditional adjustment payment (CAP)
21.26A Application of Division 4
This Division applies in respect of a payment period that begins on or after 1 April 2005.
21.26B Definitions for Division 4
(1) In this Division:
accounting standard has the meaning given by section 9 of the Corporations Act 2001.
Note: Accounting standards are available on the Internet at means conditional adjustment payment.
financial period, for an approved provider, means:
(a) unless paragraph (b) applies, the period of 12 months beginning on 1 December in any year; or
(b) if, under paragraph (2)(a), the Secretary determines another period (being a period that begins on the first day of a month) for the approved provider – that other period.
previous financial year, in relation to a relevant financial year, means:
(a) unless paragraph (b) applies—the financial year ending most recently before the beginning of the relevant financial year; or
(b) if, under paragraph (2)(c), the Secretary determines another period in place of the financial year ending most recently before the beginning of the relevant financial year—that other period.
relevant calendar year, in relation to a training period and an approved provider, means:
(a) unless paragraph (b) applies—the calendar year ending immediately before the beginning of the training period for the approved provider; or
(b) if, under paragraph (2)(b), the Secretary determines another period of 12 months (being a period that begins on the first day of a month) for the approved provider—that other period.
relevant financial year, in relation to a financial period and an approved provider, means:
(a) unless paragraph (b) applies—the period of 12 months ending on the 30 June immediately before the beginning of the financial period for the approved provider; or
(b) if, under paragraph (2)(c), the Secretary determines another period of not more than 12 months (being a period that begins on the first day of a month) for the approved provider—that other period.
training period, for an approved provider, means:
(a) unless paragraph (b) applies—the period of 12 months beginning on 1 March in a year; or
(b) if, under paragraph (2)(d), the Secretary determines another period (being a period that begins on the first day of a month) for the approved provider—that other period.
(2) The Secretary may determine for an approved provider:
(a) for paragraph (b) of the definition of financial period, if the Secretary is satisfied, on reasonable grounds, that it would be impracticable for the approved provider to comply with the requirements of section 21.26F in relation to the period mentioned in paragraph (a) of that definition—another period; or
(b) for paragraph (b) of the definition of relevant calendar year, if the Secretary is satisfied, on reasonable grounds, that it would be impracticable for the approved provider to comply with the requirements of section 21.26E in relation to the period mentioned in paragraph (a) of that definition—another period of 12 months; or
(c) for paragraph (b) of the definition of relevant financial year, if the Secretary is satisfied, on reasonable grounds, that it would be impracticable for the approved provider to comply with the requirements of section 21.26F in relation to the period mentioned in paragraph (a) of that definition—another period of not more than 12 months; or
(d) for paragraph (b) of the definition of training period, if the Secretary is satisfied, on reasonable grounds, that it would be impracticable for the approved provider to comply with the requirements of section 21.26E in relation to the period mentioned in paragraph (a) of that definition—another period.
(3) Following receipt of an application from an approved provider for a determination under subsection (2), the Secretary must:
(a) make, or refuse to make, a determination; and
(b) tell the approved provider, in writing, of the Secretary’s decision:
(i) within 28 business days; or
(ii) if the Secretary has requested further information in relation to the application—within 28 business days, excluding the period within which the information is requested and received.
Example: For subparagraph (3)(b)(ii), the Secretary receives an application on 2 August 2005 and requests further information in relation to the application on 8 August 2005. The Secretary receives the information on 15 August 2005. The period from 8 August to 15 August 2005 (inclusive) is not counted as part of the 28 business days within which the Secretary must tell the approved provider of the Secretary’s decision.
(4) If the Secretary’s decision is to refuse to make a determination for the approved provider, the Secretary must also give the approved provider a written statement of the reasons for the decision.
Note: A decision of the Secretary under subsection (2) to refuse to make a determination is subject to review—see section 21.26H.
21.26C Requirements for notices
A notice under paragraph 21.26E(2)(b) must:
(a) be in a form approved by the Secretary; and
(b) include all the statements and information required by the form; and
(c) not contain false or misleading information; and
(d) be signed by a person who:
(i) is one of the approved provider’s key personnel; and
(ii) is authorised by the approved provider to sign the notice.
21.26D Application of CAP
(1) Subject to subsection (2), CAP applies to a care recipient in respect of a payment period if the approved provider that provides the residential care to the care recipient complies with the requirements of this Division in respect of the payment period.
(2) Subsection (1) does not apply in respect of a payment period that begins before 1 April 2005.
(3) If the amendment to the definition of financial period in subsection 21.26B(1)(a) which commenced on 1 July 2010 results in CAP not applying to a care recipient (but for this subsection) for the payment period of November 2010, CAP will apply to the care recipient for that payment period if CAP applied to the care recipient for the payment period of October 2010.
21.26E Staff training
(1) This section applies if the payment period begins on or after 1 April 2005 and falls within a training period for the approved provider.
Note: If the payment period is also within a financial period for the approved provider, the approved provider must also comply with section 21.26F. If the payment period begins on or after 1 July 2006, the approved provider must also comply with section 21.26G.
(2) The approved provider complies with the requirements of this section in respect of the payment period if:
(a) the approved provider encouraged staff training, or is taken under subsection (3) to have encouraged staff training, at the residential care service through which the residential care is provided to the care recipient, in the relevant calendar year for the training period; and
(b) the approved provider has, before the beginning of the payment period, given the Secretary a notice in writing including:
(i) a statement to the effect that the approved provider has encouraged, or is taken to have encouraged, staff training at the residential care service in the relevant calendar year; and
(ii) information about the training opportunities that were offered by the approved provider to staff at the residential care service in the relevant calendar year.
(2A) To avoid doubt, for paragraph 2(b), in relation to a payment period, if an approved provider has, before the beginning of an earlier payment period, given the Secretary a notice in writing that includes:
(a) a statement to the effect that the approved provider has encouraged, or is taken to have encouraged, staff training at the residential care service in the relevant calendar year; and
(b) information about the training opportunities that were offered by the approved provider to staff at the residential care service in the relevant calendar year;
then the approved provider is taken also to have given that notice to the Secretary before the beginning of the later payment period.
(3) An approved provider in respect of a residential care service that was not responsible for the operations of the residential care service during all or some of the relevant calendar year is taken to have encouraged staff training at the residential care service in the relevant calendar year.
21.26F Financial reports
(1) This section applies if the payment period begins on or after 1 November 2005.
Note: If the payment period is within a training period for the approved provider, the approved provider is also affected by section 21.26E. If the payment period begins on or after 1 July 2006, the approved provider is also affected by section 21.26G.
(2) The approved provider complies with the requirements of this section in respect of the payment period if:
(a) the approved provider has done, or is taken under subsection (4) or (5) to have done, the following things:
(i) prepared a financial report that complies with subsection (3) for the relevant financial year for the financial period;
(ii) had the financial report audited by:
(A) a registered company auditor within the meaning of the Corporations Act 2001; or
(B) a person approved by the Secretary under subsection (6);
(iii) obtained from the auditor (or the approved person) an audit opinion including:
(A) whether the financial report is in accordance with the applicable accounting standards as in force at the time the report was made; and
(B) whether the financial report gives a true and fair view of the financial position and performance of the entity for the relevant financial year;
(iv) in the relevant financial year, provided a copy of the audited financial report (if any) for the previous financial year to, in respect of a residential care service provided by the provider, each person who asks for a copy and who is:
(A) a recipient of the service provided; or
(B) approved as a recipient of residential care and who is considering receiving residential care through that service;
(C) a representative of a person to whom sub‑subparagraph (A) or (B) applies.
(b) the approved provider has given the Secretary a copy of the audited financial report, before the beginning of the payment period.
(2A) To avoid doubt, for paragraph (2)(b), in relation to a payment period, if an approved provider, before the beginning of an earlier payment period, has given the Secretary a copy of the audited financial report, the approved provider is taken to have given that report to the Secretary before the beginning of the later payment period.
(3) For subparagraph (2)(a)(i), a financial report must:
(a) be a general purpose financial report within the meaning of Statement of Accounting Concepts SAC 2 ‘Objective of General Purpose Financial Reporting’ as in force at the commencement of this section; and
(b) be written as if the entity was a reporting entity within the meaning of Statement of Accounting Concepts SAC 1 ‘Definition of the Reporting Entity’ as in force at the commencement of this section; and
(c) be in accordance with the applicable accounting standards as in force at the time the report was made; and
(d) give a true and fair view of the financial position and performance of the entity for the relevant financial year; and
(e) treat residential aged care as a reportable segment within the meaning of the accounting standard relating to segment reporting that applies to the relevant financial year; and
(f) for the accounting standard relating to segment reporting that applies to the relevant financial year, if the entity is an entity other than an entity to which the standard applies – be written as if the entity was an entity to which the standard applies.
Note: Statement of Accounting Concepts SAC 1 ‘Definition of the Reporting Entity’ and Statement of Accounting Concepts SAC 2 ‘Objective of General Purpose Financial Reporting’ are available on the Internet at (4) An approved provider in respect of a residential care service that
was not responsible for the operations of the residential care service
during any of the relevant financial year is taken to have complied with paragraphs (2)(a) and (b) in respect of the residential care service for the relevant financial year.
(5) An approved provider in respect of a residential care service that was responsible for the operations of the residential care service during part only of the relevant financial year is taken to have complied with paragraphs (2)(a) and (b) in respect of the residential care service for the relevant financial year if the approved provider complies with paragraphs (2)(a) and (b) in respect of that part of the relevant financial year.
(6) For sub‑subparagraph (2)(a)(ii)(B), the Secretary may approve a person if the Secretary is satisfied that the person has appropriate qualifications and experience.
(7) In this section:
entity means either:
(a) the residential care service through which the residential care is provided to the care recipient; or
(b) the approved provider in respect of the residential care service.
21.26G Aged care workforce census
(1) This section applies to a payment period that begins on or after 1 July 2006.
Note: If the payment period is also within a training period for the approved provider, the approved provider must also comply with section 21.26E. If the payment period is also within a financial period for the approved provider, the approved provider must also comply with section 21.26F.
(2) The approved provider complies with the requirements of this section in respect of the payment period if:
(a) the approved provider in relation to a care recipient in a residential care service:
(i) has participated, in accordance with subsection (3), in the most recent aged care workforce census, in relation to residential care in the area that includes the residential care service, that was undertaken by or on behalf of the Department; or
(ii) is taken, under subsection (4), to have complied with subparagraph (i).
(3) If the approved provider receives an aged care workforce census form sent by or on behalf of the Department, the approved provider must:
(a) complete a census return to the satisfaction of the person specified in the census form and give the census return to the person by the date specified in the census form; or
(b) after the date specified in the census form—complete a census return to the satisfaction of the Department and give the census return to the Department.
(4) An approved provider in respect of a residential care service that was not responsible for the operations of the residential care service during all or some of the period covered by the census is taken to have complied with subparagraph (2)(a)(i) in respect of the residential care service for that census.
21.26H Review of decision
A decision under subsection 21.26B(2) to refuse to make a determination is a reviewable decision under section 85‑1 of the Act.
Division 5—Transitional workforce supplement
21.26J Purpose of Division
This Division provides for the transitional workforce supplement.
21.26JA Circumstances in which the transitional workforce supplement applies
The transitional workforce supplement applies to a care recipient in respect of a day if:
(a) the day is on or after 12 December 2013 and before 1 July 2014; and
(b) the care recipient was provided with residential care through the residential care service in question on the day; and
(c) the approved provider conducting the residential care service was eligible to receive the workforce supplement on 11 December 2013.
21.26JB Circumstances in which the transitional workforce supplement ceases to apply
(1) The transitional workforce supplement ceases to apply to a care recipient in respect of a day if:
(a) the Secretary decides that the approved provider is no longer eligible for the transitional workforce supplement; or
(b) the approved provider requests, in writing, the Secretary to cease payment of the transitional workforce supplement.
(2) Before deciding under paragraph (1)(a) that the approved provider is no longer eligible for the transitional workforce supplement, the Secretary must notify the approved provider that it is being considered. The notice must:
(a) be in writing; and
(b) invite the approved provider to make submissions, in writing, to the Secretary within 28 days after receiving the notice; and
(c) inform the approved provider that, if no submissions are made within the period, the Secretary will make a decision under paragraph (1)(a) on the day after the last day for making submissions.
(3) In deciding whether to make a decision under paragraph (1)(a) that the approved provider is no longer eligible for the transitional workforce supplement, the Secretary must:
(a) consider any submissions made within the period mentioned in paragraph (2)(b); and
(b) have regard to the eligibility criteria specified in the Aged Care Transitional Workforce Supplement Guidelines.
(4) The Secretary must notify, in writing, the approved provider of the decision and the date of effect of the decision.
(5) The notice must be given to the approved provider within 28 days after the end of the period for making submissions. If the notice is not given within that period, the Secretary is taken to have decided not to make a decision under paragraph (1)(a) that the approved provider is no longer eligible for the transitional workforce supplement.
21.26JC Reviewable decision
(1) A decision by the Secretary under paragraph 21.26JB(1)(a) that an approved provider is no longer eligible for the transitional workforce supplement is a reviewable decision.
(2) Part 6.1 of the Act applies to the reviewable decision mentioned in subsection (1) as if a reference in that Part to this Act included a reference to these Principles.
21.26JD Amount of the transitional workforce supplement
The transitional workforce supplement for a particular day is 1% of the basic subsidy amount that is payable in respect of the day for the care recipient.
Division 6—Dementia and severe behaviours supplement
21.26K Purpose of Division
This Division provides for the dementia and severe behaviours supplement.
21.26KA Circumstances in which the dementia and severe behaviours supplement applies
(1) The dementia and severe behaviours supplement that will apply to a care recipient in respect of a payment period that starts on or after 1 August 2013 is the sum of all the dementia and severe behaviours supplements for the days during the period on which:
(a) the care recipient was provided with residential care (other than respite care) through the residential care service in question; and
(b) the care recipient was an eligible care recipient; and
(c) the approved provider conducting the residential care service had, in relation to the care recipient:
(i) the written medical diagnosis mentioned in paragraph (2)(a); and
(ii) the results of the assessment mentioned in paragraph (3)(a).
(2) A care recipient is an eligible care recipient on a day (the relevant day) if:
(a) the care recipient has, on or before the relevant day, been medically diagnosed in writing, by a registered medical practitioner, with one or more of the health conditions that is assigned an ACAP code between 0500 and 0599; and
(b) the assessment requirements mentioned in subsection (3) are satisfied in relation to the care recipient and the relevant day; and
(c) a claim, under paragraph 43‑4(1)(a) of the Act, for residential care subsidy that includes the dementia and severe behaviours supplement for the relevant day for the care recipient, is made no more than 56 days after the relevant day.
(3) For paragraph (2)(b), the assessment requirements are satisfied in relation to the care recipient and the relevant day if:
(a) the care recipient has been assessed in accordance with the NPI‑NH test before the relevant day; and
(b) if the dementia and severe behaviours supplement was not payable for the care recipient for the day before the relevant day—the assessment was conducted within 3 months before the relevant day; and
(c) if the dementia and severe behaviours supplement was payable for the care recipient for the day before the relevant day, and the relevant day is within 12 months starting on the care recipient’s eligibility start day—the assessment was conducted within 3 months before the care recipient’s eligibility start day; and
(d) if the dementia and severe behaviours supplement was payable for the care recipient for the day before the relevant day, and the relevant day is within 12 months starting on an anniversary of the care recipient’s eligibility start day—the assessment was conducted within 3 months before that anniversary; and
(e) the assessment was conducted by a registered nurse, clinical nurse consultant, nurse practitioner or medical practitioner; and
(f) the assessment was not conducted during the period of 7 days (not including any day on which the care recipient was on pre‑entry leave) starting on the day on which an approved provider began providing residential care to the care recipient; and
(g) the results of the assessment are:
(i) for at least 2 of the behavioural domains mentioned in subsection (4)—both a score of 4 for frequency and 3 for severity; and
(ii) a score of at least 50 for the sum of the domain total scores for all 12 domains mentioned in the NPI‑NH test; and
(iii) a score of 4 or higher for occupational disruptiveness for at least 2 of the behavioural domains mentioned in subsection (4); and
(h) the results of the assessment have been given to the Secretary, but were not given to the Secretary during the period of 28 days (not including any day on which the care recipient was on pre‑entry leave) starting on the day on which an approved provider began providing residential care to the care recipient.
(4) For paragraph (3)(g), the behavioural domains are the following behavioural domains mentioned in the NPI‑NH test:
(a) delusions;
(b) hallucinations;
(c) agitation/aggression;
(d) depression/dysphoria;
(e) anxiety;
(f) disinhibition.
(5) In this section:
ACAP code means a code assigned to a health condition in Appendix H of the Aged Care Assessment Program Data Dictionary Version 1.0, published by the Australian Institute of Health and Welfare, as that document exists on 1 August 2013.
eligibility start day, for a care recipient, means:
(a) the first day for which residential care subsidy that includes the dementia and severe behaviours supplement becomes payable for the care recipient; or
(b) if residential care subsidy that includes the dementia and severe behaviours supplement was payable for the care recipient but has ceased to be payable for the care recipient—the first day for which residential care subsidy that includes the dementia and severe behaviours supplement becomes payable again for the care recipient.
NPI‑NH test means the test called the Neuropsychiatric Inventory—Nursing Home Version, as the test exists on 1 August 2013.
Part 11—Compensation payment reduction
21.27 Purpose of Part (Act, s 44‑20)
This Part specifies matters to be considered by the Secretary in exercising the powers under subsections 44‑20(5) and (6) of the Act to make a determination affecting the compensation payment reduction for a care recipient who is entitled to compensation under a judgment or settlement.
21.28 The matters
(1) The Secretary must take into account the following matters:
(a) the amount of the judgment or settlement;
(b) for a judgment—the components stated in the judgment and the amount stated for each component;
(c) the proportion of liability apportioned to the care recipient;
(d) the amounts spent on residential care at the time of judgment or settlement.
Examples of components of judgment for paragraph (b):
1. Loss of income.
2. Costs of future care.
(2) The Secretary may take into account any other matters the Secretary considers relevant, including:
(a) the amounts that are likely to be paid to or withheld by other Government agencies because of the judgment or settlement;
(b) the amounts spent on care other than residential care at the time of the judgment or settlement;
(c) the likely cost of residential care for the care recipient;
(d) other costs of care for which the care recipient is likely to be liable;
(e) the amount of the accommodation bond paid or payable by the care recipient.
Part 12—Daily income tested reduction
21.29 Purpose of Part (Act, s 44‑22)
This Part specifies the matters to which the Secretary must have regard in deciding whether to make a determination that the daily income tested reduction in respect of a care recipient is taken to be zero and sets out classes of people whose daily income tested reduction is taken to be zero.
21.29A The matters
(1) The Secretary must have regard to the following matters:
(a) the care recipient’s income;
(b) the care recipient’s financial arrangements;
(c) the care recipient’s entitlement to income support under the Social Security Act 1991, the Veterans’ Entitlements Act 1986, or any other source;
(d) whether the care recipient has taken steps to obtain information about his or her entitlement to pension, benefit or other income support payments;
(e) whether the care recipient has access to financial assistance under section 1129 of the Social Security Act 1991 (relating to access to financial hardship rules for pensions), the Pensioner Loans Scheme under Division 4 of Part 3.12 of the Social Security Act 1991, or any other source;
(f) whether any income of the care recipient is income that he or she does not reasonably have access to;
(g) whether there is a charge on the care recipient’s income over which the payment of resident fees cannot practically take precedence;
(h) whether the care recipient has significant assets;
(i) if the care recipient has significant assets—whether the assets are unrealisable assets within the meaning of unrealisable asset in subsections 11(12) and (13) of the Social Security Act 1991;
(j) whether the care recipient is in Australia on a temporary basis.
(2) The Secretary may have regard to any other matters the Secretary considers relevant.
(3) To enable the Secretary to have regard to the matters mentioned in paragraph (1)(c) or (d), the Secretary may:
(a) require the care recipient to seek information from a Department about his or her entitlement to a benefit, income support payment or other assistance, and give the Secretary copies of written replies from the Department; or
(b) advise the care recipient to seek advice about his or her financial arrangements with the Financial Information Service established by Centrelink.
21.30 Classes affected
(1) The following classes of people are specified for subsection 44‑22(1) of the Act:
(b) approved care recipients, each of whom leaves an aged care facility (without entering another) before the approved provider has been informed of the care recipient’s daily income tested reduction, if any, (worked out under subdivision 44‑E of Division 44, Part 3.1, Chapter 3 of the Act);
(c) approved care recipients, each of whom dies before the approved provider has been informed of the care recipient’s daily income tested reduction, if any;
(d) approved care recipients, each of whom has a dependent child;
(e) approved care recipients, each of whom is a person described in paragraph 85(4)(b) of the Veterans’ Entitlements Act 1986 (that is, a former prisoner of war) and:
(i) on 30 September 1997 occupied a nursing home bed in a nursing home approved under section 40AA of the National Health Act 1953; or
(ii) is provided with residential care;
(f) approved care recipients, each of whom:
(i) is provided with residential care at any time after 30 September 1997 and before 1 March 1998; or
(ii) is, before 1 March 1998, on leave, as described in subsection 42‑3(3) of the Act;
(g) approved care recipients, for each of whom the daily income tested reduction is worked out as less than $1.
(2) Subsection (1) does not apply to a person at a time when paragraph 44‑22(1)(a) of the Act applies to the person.
Note: Paragraph 44‑22(1)(a) of the Act provides that respite care recipients are taken to have a daily income tested reduction of zero.
Part 13—Ordinary income determination exclusions
21.31 Purpose of Part (Act, s 44‑24)
This Part specifies amounts taken to be excluded from determinations, under section 44‑24 of the Act, of the ordinary incomes of a particular kind of care recipients.
21.32 Exclusions from determinations
(1) Subsection (2) applies to a person who has qualifying service under section 7A of the Veterans’ Entitlements Act 1986, or the partner of such a person.
(2) The amount specified is any amount of disability pension, paid to the person under the Veterans’ Entitlements Act 1986, that is exempt under section 5H of that Act.
Note: Disability pension is defined under subsection 5Q(1) of the Veterans’ Entitlements Act 1986.
(3) Subsection (4) applies to a member or former member, within the meaning of the Military Rehabilitation and Compensation Act 2004, or the partner of such a member or former member.
(4) The following amounts are specified:
(a) any amount of compensation for permanent impairment paid to the member or former member under Part 2 of Chapter 4 of the Military Rehabilitation and Compensation Act 2004;
APPRAISAL TOOL B ‑ INDIGENOUS AUSTRALIANS: ADDITIONAL SPECIAL NEEDS
The care recipient must demonstrate complex behavioural and/or social support needs. They must meet EACH of the following four criteria:
| Tick if YES | ||
| 1. Indigenous status | ||
| Is the person of Aboriginal or Torres Islander origin? | £1 | |
| 2. Financial Status | ||
| The person is eligible for the maximum basic rate of social security pension or benefit as defined in the Social Security Act 1991 or service pension or disability pension as defined in the Veterans Entitlement Act 1986. | £2 | |
| 3. Relevant behavioural diagnosis | ||
| The person has mental and behavioural diagnosis associated with one of the following disorders (ACAP codes shown in brackets). This checklist aligns with the range of conditions recognised by the Mental and Behavioural Diagnoses section of the ACFI : i) Dementia, Alzheimer’s disease including early onset, late onset, atypical or mixed type or specified.(ACAP code 500) ii) Vascular dementia e.g. multi‑infarct, subcortical, mixed (ACAP code 510) iii) Dementia in other diseases, e.g. Pick’s Disease, Creulzfeldt‑Jakob, Huntington’s, Parkinson’s, HIV (ACAP code 520) iv) Other dementia, e.g. Lewy Body, alcoholic dementia, unspecified (ACAP code 530) v) Delirium (ACAP code 540) vi) Depression, mood affective disorders, Bi‑ Polar (ACAP code 550A) vii) Psychoses e.g. schizophrenia, paranoid states (ACAP code 550B) viii) Neurotic, stress related, anxiety, somatoform disorders e.g. post traumatic stress disorder, phobic and anxiety disorders, nervous tension/stress, obsessive–compulsive disorder (ACAP code 560) ix) Intellectual and developmental disorders e.g. intellectual disability or disorder, autism, Rhet’s syndrome, Asperger’s syndrome etc.(ACAP code 570) x) Other mental and behavioural disorders e.g. due to alcohol or psychoactive substances (includes alcoholism, Korsakov’s psychosis), adult personality and behavioural disorders (ACAP code 580) For the purposes of the checklist, the diagnosis can be made by any health professional acting within their approved scope of practice. | £i £ii £iii £iv £v £vi £vii £viii £ix £x | |
| 4. Challenging behaviours and/or need for intensive social support | ||
| a. | The person displays challenging behaviours which require ongoing management and prevention including: i) Episodic catastrophic behaviours such as severe physical and verbal abuse, violent mood swings, aggression; and/or ii) Is considered at high risk of leaving without warning with ongoing staff intervention required to prevent this from occurring. | £i £ii |
| AND/OR | ||
| b. | The person requires intensive social support or intensive assistance with continuing to perform activities of daily living including initiation of and assistance with: i) Personal care and hygiene matters (for example, shows aversion to showering and washing hands, has problems with toileting and dressing, requires assistance or guidance with meals) ; and/or ii) Social and recreational activities, with significant one‑on‑one staff intervention necessary to enable the client to participate in community activities. | £i £ii |
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
Endnote 2—Abbreviation key
| ad = added or inserted | pres = present |
| am = amended | prev = previous |
| c = clause(s) | (prev) = previously |
| Ch = Chapter(s) | Pt = Part(s) |
| def = definition(s) | r = regulation(s)/rule(s) |
| Dict = Dictionary | Reg = Regulation/Regulations |
| disallowed = disallowed by Parliament | reloc = relocated |
| Div = Division(s) | renum = renumbered |
| exp = expired or ceased to have effect | rep = repealed |
| hdg = heading(s) | rs = repealed and substituted |
| LI = Legislative Instrument | s = section(s) |
| LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
| mod = modified/modification | Sdiv = Subdivision(s) |
| No = Number(s) | SLI = Select Legislative Instrument |
| o = order(s) | SR = Statutory Rules |
| Ord = Ordinance | Sub‑Ch = Sub‑Chapter(s) |
| orig = original | SubPt = Subpart(s) |
| par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s) |
Endnote 3—Legislation history
| Name | FRLI registration or Gazettal | Commencement | Application, saving and transitional provisions |
| Residential Care Subsidy Principles 1997 | 29 Sept 1997 (see Gazette 1997, No. S380) | 1 Oct 1997 | |
| Residential Care Subsidy Principles Amendment (No. 1) 1997 | 3 Nov 1997 (see Gazette 1997, No. S446) | 1 Oct 1997 | — |
| Residential Care Subsidy Amendment Principles (No. 1) 1998 | 6 Mar 1998 (see Gazette 1998, No. S96) | 1 Mar 1998 | — |
| Residential Care Subsidy Amendment Principles 1998 (No. 2) | 28 Aug 1998 (see Gazette 1998, No. S427) | s. 6.2: 1 Oct 1997 Remainder: 28 Aug 1998 | — |
| Residential Care Subsidy Amendment Principles 1999 (No. 1) | 28 Sept 1999 (see Gazette 1999, No. S457) | 28 Sept 1999 | — |
| Residential Care Subsidy Amendment Principles 1999 (No. 2) | 21 Oct 1999 (see Gazette 1999, No. S494) | 21 Oct 1999 (see s. 2 and Gazette 1999, No. S496) | — |
| Residential Care Subsidy Amendment Principles 2000 (No. 1) | 29 May 2000 (see Gazette 2000, No. S272) | 29 May 2000 | — |
| Residential Care Subsidy Amendment Principles 2000 (No. 2) | 30 June 2000 (see Gazette 2000, No. S361) | 1 July 2000 (see s. 2) | — |
| Residential Care Subsidy Amendment Principles 2000 (No. 3) | 8 Dec 2000 (see Gazette 2000, No. S623) | 8 Dec 2000 | — |
| Residential Care Subsidy Amendment Principles 2000 (No. 4) | 22 Dec 2000 (see Gazette 2000, No. S673) | 1 Jan 2001 | — |
| Residential Care Subsidy Amendment Principles 2001 (No. 1) | 29 May 2001 (see Gazette 2001, No. S190) | 1 Jan 2001 | — |
| Residential Care Subsidy Amendment Principles 2001 (No. 2) | 1 June 2001 (see Gazette 2001, No. S195) | 25 May 2001 (see s. 2) | — |
| Residential Care Subsidy Amendment Principles 2003 (No. 1) | 29 Aug 2003 (see Gazette 2003, No. S332) | 1 Sept 2003 | — |
| Residential Care Subsidy Amendment Principles 2004 (No. 1) | 30 June 2004 (see Gazette 2004, No. S252) | 1 July 2004 | — |
| Residential Care Subsidy Amendment Principles 2004 (No. 2) | 30 June 2004 (see Gazette 2004, No. S254) | 30 June 2004 (see s. 2) | — |
| Residential Care Subsidy Amendment Principles 2004 (No. 3) | 30 June 2004 (see Gazette 2004, No. S252) | 1 July 2004 | — |
| Residential Care Subsidy Amendment Principles 2004 (No. 4) | 30 July 2004 (see Gazette 2004, No. S312) | 1 July 2004 | — |
| Residential Care Subsidy Amendment Principles 2004 (No. 4) (second occurring) | 22 Dec 2004 (see Gazette 2004, No. S536) | 1 Jan 2005 | — |
| Residential Care Subsidy Amendment Principles 2005 (No. 1) | 18 Feb 2005 (see F2005L00330) | 19 Feb 2005 | s. 4 |
| Residential Care Subsidy Amendment Principles 2005 (No. 2) | 24 June 2005 (see F2005L01666) | 24 June 2005 | — |
| Residential Care Subsidy Amendment Principles 2005 (No. 3) | 30 June 2005 (see F2005L01884) | 1 July 2005 | — |
| Residential Care Subsidy Amendment Principles 2005 (No. 4) | 30 June 2005 (see F2005L01837) | 1 July 2005 | — |
| Residential Care Subsidy Amendment Principles 2005 (No. 5) | 28 June 2005 (see F2005L01721) | 1 Jan 2005 | — |
| as amended by | |||
| Residential Care Subsidy Principles 2005 (No. 4) Amendment Instrument 2005 | 24 Oct 2005 (see F2005L03159) | 25 Oct 2005 | — |
| Residential Care Subsidy Amendment Principles 2005 (No. 6) | 22 Dec 2005 (see F2005L04231) | 1 Jan 2006 | — |
| Residential Care Subsidy Amendment Principles 2006 (No. 1) | 6 July 2006 (see F2006L02203) | ss. 1–3 and Schedule 1: 19 Feb 2005 Remainder: 7 July 2006 | — |
| Residential Care Subsidy Amendment Principles 2007 (No. 1) | 27 July 2007 (see F2007L02344) | 28 July 2007 | — |
| Residential Care Subsidy Amendment Principles 2007 (No. 2) | 12 Sept 2007 (see F2007L03627) | 11 May 2007 | — |
| Residential Care Subsidy Amendment Principles 2008 (No. 1) | 18 Mar 2008 (see F2008L00833) | 20 Mar 2008 (see s. 2) | — |
| Residential Care Subsidy Amendment Principles 2008 (No. 2) | 19 Mar 2008 (see F2008L00903) | (a) | — |
| Residential Care Subsidy Amendment Principles 2008 (No. 3) | 19 June 2008 (see F2008L02172) | 1 July 2008 | — |
| Residential Care Subsidy Amendment Principles 2009 (No. 1) | 17 Sept 2009 (see F2009L03558) | 20 Sept 2009 | — |
| Residential Care Subsidy Amendment Principles 2009 (No. 2) | 16 Dec 2009 (see F2009L04648) | 1 Jan 2010 | s. 4 |
| Residential Care Subsidy Amendment Principles 2010 (No. 1) | 23 June 2010 (see F2010L01655) | 1 July 2010 | — |
| Residential Care Subsidy Amendment Principles 2011 (No. 1) | 19 May 2011 (see F2011L00820) | 20 May 2011 (see s. 2) | — |
| Residential Care Subsidy Amendment Principles 2011 (No. 2) | 24 June 2011 (see F2011L01222) | 25 June 2011 | — |
| Residential Care Subsidy Amendment Principles 2011 (No. 3) | 24 Aug 2011 (see F2011L01719) | 1 July 2011 | — |
| Residential Care Subsidy Amendment Principles 2012 (No. 1) | 21 June 2012 (see F2012L01279) | 1 July 2012 | — |
| Residential Care Subsidy Amendment Principles 2012 (No. 2) | 29 June 2012 (see F2012L01428) | 1 July 2011 | — |
| Residential Care Subsidy Amendment Principles 2012 (No. 3) | 18 Oct 2012 (see F2012L02057) | 19 Oct 2012 | — |
| Residential Care Subsidy Amendment (Workforce Supplement) Principle 2013 (b) | 28 June 2013 (see F2013L01225) | 1 July 2013 | — |
| Residential Care Subsidy Amendment (New Supplements and Other Measures) Principle 2013 | 10 July 2013 (see F2013L01336) | 1 Aug 2013 | — |
| Residential Care Subsidy Amendment (Workforce Supplement) Principle 2013 (c) | 26 Sept 2013 (see F2013L01748) | 27 Sept 2013 | — |
| Residential Care Subsidy Amendment (Transitional Homeless Supplement) Principle 2013 | 29 June 2013 (see F2013L01277) | 1 Oct 2013 | — |
| Residential Care Subsidy Amendment (Homeless Supplement) Principle 2013 | 26 Nov 2013 (see F2013L01981) | 27 Nov 2013 | — |
| Residential Care Subsidy Amendment (Quality Agency) Principle 2013 | 23 Dec 2013 (see F2013L02184) | 1 Jan 2014 | — |
| Residential Care Subsidy Amendment (Transitional Workforce Supplement) Principle 2014 | 28 Jan 2014 (see F2014L00099) | 29 Jan 2014 | — |
(a) Section 2 of the Residential Care Subsidy Amendment Principles 2008 (No. 2) provides as follows:
2. These Principles commence immediately after the Residential Care Subsidy Amendment Principles 2008 (No. 1).
The Residential Care Subsidy Amendment Principles 2008 (No. 1) commenced on 20 March 2008.
(b) The Residential Care Subsidy Amendment (Workforce Supplement) Principle 2013 (F2013L01225) was disallowed in full by the House of Representatives on 12 December 2013.
(c) The Residential Care Subsidy Amendment (Workforce Supplement) Principle 2013 (F2013L01748) was disallowed in full by the Senate on 12 December 2013.
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| s. 21.3............................ | am. No. 1, 1998; No. 1, 1999; No. 2, 2005; Nos. 1 and 2, 2008; No. 1 2009; F2013L02184 |
| Note 1 to s. 21.3............ | ad. No. 1, 1999 |
| Note 2 to s. 21.3............ | ad. No. 1, 1999 |
| rs. No. 1, 2008 | |
| am. No. 2, 2008 | |
| rep F2013L02184 | |
| Note to s 21.3................ | ad F2013L02184 |
| Boxed note to s. 21.3..... | rs. No. 2, 1998; No. 2, 1999 |
| am. No. 3, 2000; No. 1, 2004 | |
| rep. No. 1, 2008 | |
| Part 1AA | |
| Part 1AA........................ | ad. No. 2, 2005 |
| s. 21.3AA...................... | ad. No. 2, 2005 |
| s. 21.3AB....................... | ad. No. 2, 2005 |
| Part 1A | |
| Part 1A........................... | ad. No. 3, 2000 |
| s. 21.3A......................... | ad. No. 3, 2000 |
| s. 21.3B......................... | ad. No. 3, 2000 |
| am. No. 1, 2011; F2013L02184 | |
| Heading to s. 21.3C........ | am. F2013L01336 |
| s. 21.3C......................... | ad. No. 3, 2000 |
| Part 2 | |
| s. 21.4............................ | am. No. 2, 2011 |
| s. 21.5A......................... | ad. No. 2, 2011 |
| Part 3 | |
| s. 21.6............................ | am. No. 2, 2008 |
| s. 21.7............................ | am. No. 2, 2008 |
| s. 21.8............................ | am. No. 2, 2008 |
| Part 4 | |
| s. 21.10.......................... | am. No. 1, 2003 |
| s. 21.11.......................... | am. No. 1, 2003; No. 1, 2008 |
| Part 4A | |
| Part 4A........................... | ad. No. 2, 2008 |
| s. 21.11A....................... | ad. No. 2, 2008 |
| s. 21.11B....................... | ad. No. 2, 2008 |
| Part 5 | |
| s. 21.13.......................... | am. No. 2, 1998 |
| rs. No. 2, 2008 | |
| Part 5A | |
| Part 5A........................... | ad. No. 2, 1999 |
| s. 21.13A....................... | ad. No. 2, 1999 |
| s. 21.13B....................... | ad. No. 2, 1999 |
| rs. No. 2, 2008 | |
| s. 21.13C....................... | ad. No. 2, 1999 |
| s. 21.13D....................... | ad. No. 2, 1999 |
| Part 6 | |
| s. 21.14.......................... | am. No. 1, 1997 |
| rs. No. 2, 1999 | |
| am. No. 3, 2005; No. 2, 2008 | |
| s. 21.15.......................... | am. No. 1, 1997; No. 2, 1999; No. 2, 2001; No. 2, 2004; No. 2, 2007 |
| s. 21.15A....................... | ad. No. 2, 2008 |
| Part 7 | |
| s. 21.18.......................... | am. No. 1, 2008 |
| s. 21.19.......................... | am. No. 6, 2005 |
| Part 10 | |
| Heading to Part 10.......... | rs. No. 1, 2005 |
| Division 1 | |
| Heading to Div. 1........... of Part 10 | ad. No. 1, 2005 |
| s. 21.24.......................... | rs. No. 3, 2004; No. 1, 2012; F2014L00099 |
| Division 2 | |
| Heading to Div. 2 of....... Part 10 | ad. No. 1, 2005 |
| s. 21.25.......................... | am. No. 2, 1998 |
| rs. No. 4, 2000 | |
| am. No. 1, 2008 | |
| s. 21.25A....................... | ad. No. 4, 2000 |
| s. 21.25B....................... | ad. No. 4, 2000 |
| Division 3 | |
| Heading to Div. 3 of....... Part 10 | ad. No. 1, 2005 rs. No. 2, 2008 |
| Div. 3 of Part 10............ | rs. No. 2, 2008 |
| s. 21.25C....................... | ad. No. 2, 2008 |
| s. 21.25D....................... | ad. No. 2, 2008 |
| s. 21.25E....................... | ad. No. 2, 2008 |
| s 21.25EA...................... | ad F2013L01277 |
| rep F2013L01981 | |
| Division 3A | |
| Div. 3A of Part 10.......... | ad. No. 1, 2012 |
| s. 21.25F........................ | ad. No. 1, 2012 |
| s. 21.26.......................... | am. No. 4, 2004 |
| rep. No. 2, 2008 | |
| Division 4 | |
| Div. 4 of Part 10............ | ad. No. 1, 2005 |
| s. 21.26A....................... | ad. No. 3, 2004 |
| rs. No. 1, 2005 | |
| am. No. 3, 2008 | |
| s. 21.26B....................... | ad. No. 3, 2004 |
| rs. No. 1, 2005 | |
| am. No. 4, 2005; No. 1, 2006; No. 1, 2010 | |
| Heading to s. 21.26C...... | rs. No. 4, 2005; No. 1, 2007 |
| s. 21.26C....................... | ad. No. 1, 2005 |
| am. No. 4, 2005; No. 1, 2007; No. 1, 2010 | |
| s. 21.26D....................... | ad. No. 1, 2005 |
| am. No. 1, 2010 | |
| s. 21.26E....................... | ad. No. 1, 2005 |
| am. No. 1, 2006 | |
| s. 21.26F........................ | ad. No. 1, 2005 |
| am. No. 4, 2005; No. 1, 2006; No. 1, 2007; No. 1, 2010 | |
| s. 21.26FA..................... | ad. No. 4, 2005 |
| rep. No. 1, 2007 | |
| s. 21.26G....................... | ad. No. 1, 2005 |
| am. No. 1, 2010 | |
| s. 21.26H....................... | ad. No. 1, 2005 |
| am. No. 4, 2005 | |
| rs. No. 1, 2007 | |
| Div 5 | |
| Div 5 of Pt 10................ | ad F2014L00099 |
| s 21.26J......................... | ad F2014L00099 |
| s 21.26JA....................... | ad F2014L00099 |
| s 21.26JB....................... | ad F2014L00099 |
| s 21 26JC....................... | ad F2014L00099 |
| s 21.26JD....................... | ad F2014L00099 |
| Div. 6 of Part 10............ | ad. F2013L01336 |
| s. 21.26K....................... | ad. F2013L01336 |
| S. 21.26KA.................... | ad. F2013L01336 |
| Part 12 | |
| s. 21.29.......................... | rs. No. 3, 2012 |
| s. 21.29A....................... | ad. No. 3, 2012 |
| s. 21.30.......................... | am. No. 1, 1997 |
| rs. No. 1, 1998 | |
| am. No. 1, 2000; No. 4, 2004 (second occurring); No. 2, 2009; F2013L01336, F2013L01277 and F2013L01981 | |
| Note to s. 21.30(2)......... | am. F2013L01336 |
| Part 13 | |
| s. 21.32.......................... | rs. No. 1, 2004 |
| s. 21.32A....................... | ad. No. 1, 1997 |
| s. 21.32B....................... | ad. No. 1, 1998 |
| Note 1 to s. 21.32B(3)... | ad. No. 2, 1999 |
| Note 2 to s. 21.32B(3)... | ad. No. 2, 1999 |
| Note 3 to s. 21.32B(3)... | ad. No. 2, 1999 |
| s. 21.32C....................... | ad. No. 2, 2000 |
| am. No. 1, 2004 | |
| Note 3 to s. 21.32C........ | ad. No. 1, 2004 |
| Note 4 to s. 21.32C........ | ad. No. 1, 2004 |
| s. 21.32D....................... | ad. No. 2, 2008 |
| am. No. 1, 2009 | |
| s. 21.32E....................... | ad. No. 1, 2012 |
| Part 13A | |
| Part 13A......................... | ad. F2013L01336 |
| Division 1 | |
| s. 21.32F........................ | ad. F2013L01336 |
| Division 2 | |
| s. 21.32G....................... | ad. F2013L01336 |
| Div 3 | |
| Div 3 of Pt 13A.............. | ad F2013L01981 |
| s 21.32H........................ | ad F2013L01981 |
| Part 14 | |
| Part 14........................... | rs. No. 5, 2005 |
| s. 21.33.......................... | rs. No. 5, 2005 |
| s. 21.34.......................... | rs. No. 1, 2001; No. 5, 2005; No. 2, 2012 |
| s. 21.34A....................... | ad. No. 1, 2001 |
| rep. No. 5, 2005 | |
| s. 21.35.......................... | rs. No. 5, 2005 |
| s. 21.35A....................... | ad. No. 5, 2005 |
| am. No. 2, 2008 | |
| s. 21.35B....................... | ad. No. 5, 2005 |
| am. F2013L01336 | |
| Heading to s. 21.35C...... | ad. No. 2, 2012 |
| s. 21.35C....................... | ad. No. 5, 2005 |
| am. No. 3, 2011; F2013L01336 | |
| Part 15 | |
| Division 1 | |
| s. 21.37.......................... | am. No. 1, 1997; No. 2, 2008; No. 1, 2009 |
| s. 21.39.......................... | am. No. 3, 2012 |
| Schedule 1 | |
| Schedule 1..................... | ad. No. 2, 2008 |
| Schedule 2 | |
| Schedule 2..................... | ad. No. 3, 2011 |
| rs. No. 2, 2012 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments
Residential Care Subsidy Amendment (Transitional Workforce Supplement) Principle 2014
Schedule 1
1 Section 21.3 (definition of Aged Care Workforce Supplement Guidelines)
Repeal the definition, substitute:
Aged Care Transitional Workforce Supplement Guidelines means the document with that title published by the Department, as existing on the commencement of the Residential Care Subsidy Amendment (Transitional Workforce Supplement) Principle 2014.
Endnote 8—Miscellaneous [none]
0
0
0